LUCCHESI v. DAY ZIMMERMAN GROUP

AND NOW, this 20^th day of April, 2011, upon consideration of Defendant Day Zimmerman's Motion to Dismiss the Complaint (Docket No. 4), it is hereby ORDERED that the Motion is GRANTED in PART and DENIED in PART. Specifically, the Motion is granted with regard to Count II of the Complaint, and denied with regard to Counts I, III and IV.

It is further ORDERED, upon consideration of Plaintiff Joseph Lucchesi's Motion to Amend the Complaint (Docket No. 11), that the Motion to Amend is GRANTED, and Mr. Lucchesi shall be permitted to amend his Complaint to include factual allegations relating to his filing of an intake questionnaire with the Equal Employment Opportunity Commission, asserting a claim of retaliation, on or around March 24, 2010.